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A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
Vanderbilt Law Review
The recurring crises in medical malpractice litigation have been widely discussed and documented over the past two decades.' In response to these crises, a growing consensus has emerged among legislatures, government agencies, and scholars in favor of tort reform. Indeed, virtually every state has passed some tort reform legislation.'Despite the reforms, several serious problems persist in medical malpractice. The current tort system does not compensate injured patients adequately or equitably, nor does it deter negligent practices sufficiently. These failings occur despite the increasingly high costs to society of the tort system. Particularly troublesome is the impact of these crises on …
United States V. Johnson: Expansion Of The Feres Doctrine To Include Servicemembers' Ftca Suits Against Civilian Government Employees, Anne R. Riley
United States V. Johnson: Expansion Of The Feres Doctrine To Include Servicemembers' Ftca Suits Against Civilian Government Employees, Anne R. Riley
Vanderbilt Law Review
The United States Government traditionally has enjoyed sovereign immunity from tort liability. In 1946, however, Congress waived this immunity by enacting the Federal Tort Claims Act (FTCA). The FTCA gives federal district courts original jurisdiction over any claims for personal injury or death caused by the negligence of any governmental employee." This broad waiver of immunity, however, is subject to certain exceptions. Although Congress made no explicit exception for noncombat claims of service members, the Supreme Court of the United States in Feres v. United States' construed the FTCA as creating an exception that bars all claims for injuries to …